Posts tagged with "Massachusetts Lawyers"

Daycare Injuries

The Most Common Daycare Injuries

Daycare injury cases are heart-rending to work on. Not only are they almost universally preventable, but they happen to innocent children who are supposed to be under the care of a responsible adult.

Tragically, a high amount of these cases end in the death of a child. Toddlers and other young children are vulnerable and injuries that an adult can recuperate from can permanently harm a child.

How Do Daycare Injuries Happen?

In a word, negligence. There may be one adult who is looking after too many kids at once. That’s the fault of the daycare management for allowing a dangerous situation where you have one pair of eyes attempting to track more than a dozen kids that are running around in all directions. There could be 30 kids to one adult, we’ve seen it all.

Even if they have enough staff members on duty, some of those staff members may allow themselves to become distracted. We had a case a few years ago where a child died after he went missing for nearly 15 minutes, and we were able to see the daycare worker had posted on Facebook during that crucial time.

What do daycare injuries look like? A lot of them are broken bones, such as kids climbing on things and tumbling down. There’s a lot of cuts and lacerations, such as kids not being supervised around sharp objects like scissors. Hands caught in doors are also common, which can easily become a permanent injury for small children. All of these hazards are preventable.

Think of every way a kid can get hurt at home, and then multiply the risk factor by 10. That’s what a negligent daycare is like, and unlike at home, they don’t have a Mom or Dad looking after one or two kids. There can be a whole classroom worth of children to watch, and the person watching better be paying attention.

What Can You Do Now?

Has one of your children been hurt while at daycare? Give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and possible next steps.

Lawsuit

Does Every Case Result in a Lawsuit?

If you watch a movie or television show where someone files a lawsuit, it will almost always end in court. Why is that? It’s because fictional courtroom scenes are dramatic and exciting. That’s what audiences want to see.

But in our own lives, we don’t want drama. If you’ve filed a lawsuit, it’s because you or someone close to you has been seriously hurt and you’re just trying to piece your life back together. That’s not a lighthearted scenario and you don’t want to your future to be determined by the whims of a judge and jury.

That’s why most cases end in a settlement or claim with an insurance company, not a lawsuit. Settling is quicker, it is easier on the client, as opposed to making multiple court appearances, delivering testimony and living with uncertainty if the case drags on. Going to court is stressful for clients, and there are risks, such as losing the case or receiving less than a proposed settlement.

Every time you fill a jury box with 12 different people, you are risking getting a different result. A settlement removes that uncertainty.

There are also additional legal costs to litigation. It’s possible to receive more in a lawsuit than a proposed settlement, but have the client end up with less after paying for the trial. Even when that is over, there’s the potential for the appeal process and you could be looking at several years of total time.

Going to trial is always a last resort after all other options have been exhausted.

 

When Do You Go to Trial?

 

As experienced attorneys, once we have all the facts, we know what a given settlement value is for a case. If we can reach a settlement agreement in that ballpark, we will advise the client to take it. If we know we can get $100,000 for a case and we are offered $90,000, we will most likely advise the client to agree to the deal to avoid the litigation costs and risk of uncertainty.

If we can’t receive something in that fair range, then it’s time to consider a lawsuit. Our experience helps us determine when any risk is worth enduring to make sure our client receives fair compensation.

 

Now, What Can You Do?

If you’ve been injured and you are ready to take the next step, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and what comes next.

Colucci Law

3 Steps to Choosing the Best Lawyer for Your Legal Needs

A few years ago my car started to have problems and the mechanic told me he needed to replace my crankshaft sensor. Up to that point, I didn’t even know what that was, and I’d never considered myself in the market for a new one. Hiring an attorney is often the same way: You’ve spent most of your life without thinking about one, but now all of a sudden you need to find the best lawyer around as soon as possible.

When you go to the produce department to purchase an exotic fruit you’ve never had before, you need to learn what to look for and how to tell a good one from a mediocre one. The same is true for hiring a lawyer, and here are three easy steps to help you find the best lawyer in your area.

3 Steps to Choosing the Best Lawyer

 

Reputation

Great lawyers are not secret agents who hide behind the scenes. The best ones make names for themselves, so find out who has a strong reputation. Go to Avvo.com to see who has a strong rating in your practice area.

Alternatively, you can look up attorneys you are considering to represent you and see how their reputations hold up online. Avvo incorporates reviews, both in numerical scores and in written comments. Read what the reviewers had to say and consider if that is someone you would want to represent you.

 

History

The best lawyer will always have a track record of success. Attorneys are eager to publicize their successful cases because they want those results to help attract future clients.

Look up an attorney you are considering in a search engine. Check Lawyers Weekly for their name, and make sure you include any middle initials so you don’t get John K. Smith confused with John H. Smith.

Skilled attorneys are not one-hit wonders. Superb personal injury lawyers will have more than a dozen high settlement cases under their names.

 

Recommendations

Nothing is as reliable as asking a friend or family member about the attorneys that they hired. Ask around. If your cousin had a good experience with attorney Jillian T. Rainmaker, do some research on her and consider contacting her office.

It’s also not a bad idea to hire a friend who is also an attorney, just as long as you’re comfortable having frank conversations with someone you know about your own medical, financial and personal matters.

It doesn’t matter what order you take these steps in, just as long as you are methodic about it. Picking a lawyer is not like ordering a pizza, so don’t just go to the nearest location from your home.

 

Ready for the Next Step?

If you’ve check out our ratings and case histories and are considering moving forward, give us a call at 1 (888) 330-6657 or contact us.

Product Liability Problems: When Healing Becomes Hurting

We’re in the middle of a cold New England winter and for many of us, that means we’re suffering the ubiquitous head cold. Not surprisingly, young children are particularly susceptible as their attendance in school subjects them to throngs of other children, many of whom are infected with a virus.

As parents, we seek to do all that we can to alleviate the unpleasantness experienced by our children when they are ill. Care must be taken, however, to ensure that our well-meaning efforts don’t create a bigger problem. Unfortunately, some of the products we buy are not designed with safety in mind and the devices we use to help our children can end up harming them.

For example, we recently represented a two-year-old girl who had previously developed symptoms of ordinary congestion. Her primary care doctor recommended she use a warm steam vaporizer. The girl’s parents purchased the defendant’s vaporizer, which contained warnings to keep the apparatus away from children. Even still, the parents placed the vaporizer on the child’s floor at bedtime.

The unit was equipped with a glowing orange night light that, the manufacturer advertised, promoted “safety.” The child unexpectedly woke in the middle of the night to notice a strange, glowing orange orb on her floor. When she approached closely to investigate, a burst of steam emanated from the vaporizer and scalded her face. She was left with a visible and permanent scar under her eye.

What Made This a Product Liability Case?

We hired an MIT engineer who tested the unit and opined that it emitted an exceedingly hot plume of steam which can disfigure upon only “momentary contact.” The expert also noted that the steam exhausted by the vaporizer should not have exceeded 160 degrees Fahrenheit, and should also have been equipped with a guard that would have diffused the scalding steam.

This device was not designed with personal safety in mind, and as a result, an innocent child was hurt. That’s the most heartbreaking aspect of product liability cases – the harm could easily be prevented if the company that made the device had just taken simple steps to ensure safety.

During several years of litigation, the manufacturer denied any responsibility only to ultimately settle the case with us for nearly $2 million.

The moral of the story is that sometimes products that we routinely purchase are not what they appear. Care must be taken to ensure that any such product can be used safely. This is particularly true if the product is being used around small children.

Protecting Your Family

If you or someone you know has been hurt because of a flawed product, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your options.

The danger of modding an e-cigarette device

We’ve previously written about the design flaws in an e-cigarette device that can cause them to explode and harm users. On their own, these flaws can be standard product liability cases, where the companies that made and sold the products are liable for harm causes by the normal use of the product.

However, there is a subculture of e-cigarette device vape users who “mod” or modify their e-cig device. Most of those modifications are to allow the user to practice “sub ohm vaping,” where the device consumes the vaping chemicals at a faster pace, allowing the user to have larger volumes of vapor or vapor of a higher concentration.

Some of these modified devices have exploded, which may or may not mean the modder is the one responsible for the accident. It all depends on the details of the case.

e-cigarette device “modder”

While an automobile manufacturer could be sued for selling a car with a design flaw that leads to fires, the manufacturer would likely not be held liable if someone were to add aftermarket parts that ultimately cause the car to catch on fire or fail in some other way. In the same manner, it’s possible for an e-cig modder to make the device unstable and likely to explode or ignite.

However, that does not mean all mods eliminate responsibility from the manufacturers and sellers of the e-cig device. It’s possible that the modifications people made were minor or unrelated to the parts that caused the accident.

Modifications certainly can make it harder to prove a product liability case, but they need to be sorted out on a case by case basis. We’re happy to go over the details with you and help determine if you have a case if you call us at 617-698-6000.